NOT EVERY SHAPE CAN BE A TRADEMARK

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Background shapes used to depict wording are difficult to protect as trademarks, particularly if the shape is common and does not create a distinct impression from the accompanying words. This article, titled “Shape of ‘pole spanner sign’ is refused registration,” first published in the December 14, 2010 edition WTR Daily, part of 

World Trademark Review, is an example of how significant use over a long period of time will not turn a common design into a protectable trade dress.